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HomeMy WebLinkAboutCocoa Water Billing Interlocal 2004 Please return to: - Joan Clark, CMC, City Clerk . City of Cocoa 603 Brevard Avenue III I II II III 11111 II VII II II 1111 II Cocoa FL 32922 (321) 639 - 7555 CFN 2004165043 05 -26 -2004 08:53 am --ii INTERLOCAL AGREEMENT OR Book /Page: 5306 / 0046 z THIS AGREEMENT, made and entered into on the last date entered below, by and between 1 the CITY OF COCOA, a Florida municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "Cocoa ", and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, hereinafter referred to as "Cape Canaveral ". i i WITNESSETH: j WHEREAS, Cape Canaveral currently owns, operates, and provides sewage treatment, reclaimed water, garbage, stormwater, and recycling services (hereinafter "Cape Canaveral Utility Services ") for the residents and businesses of Cape Canaveral; and WHEREAS, Cocoa currently owns and operates a water works supply and transmission system within central Brevard County, Florida for the purpose of furnishing water to its customers, including customers located in the Cape Canaveral; and 1 WHEREAS, Cocoa continues to have the capability and facilities to economically bill and collect deposits, connection fees and service charges from customers of Cape Canaveral's Utility Services; and I WHEREAS, Cocoa and Cape Canaveral entered into an Interlocal Agreement on or about January 24, 1995, to provide for the collection deposits and service charges arising from the Cape Canaveral's Utility Services, a copy of the same is attached hereto as Exhibit "A" for reference purposes only; and WHEREAS, Cocoa and Cape Canaveral desire to update the aforementioned Interlocal Agreement regarding current procedures, policies, and pricing guidelines; and i WHEREAS, Cocoa and Cape Canaveral desire for this Agreement to supercede and replace _. the currently existing and aforementioned Interlocal Agreement relating to the collection of Cape 1 Canaveral's Utility Services' fees and service charges; and i 1 WHEREAS, execution of this Agreement will mutually benefit the parties and the residents of Brevard County, Florida. 1 NOW, THEREFORE, in consideration of the mutual covenants contained herein and other 1 valuable consideration, the sufficiency of which is acknowledge by the parties hereto, it is mutually agreed as follows: 1 1. Recitals. 1 3 1 Each and all of the foregoing recitals are hereby incorporated herein and declared to be true i S c o t t tt Ellis C lerk Of Courts, Brevard County #Pgs: 20 #Names: 2 Trust: 10.50 Rec: 81.00 Serv: 0.00 0.00 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 1 I 1 S 3 C i 11111131110111111111 a w and correct. CFN 2004165043 2. C ollection of Charges. OR Book /Page: 5306 / 0047 Cocoa hereby agrees to collect all deposits and service charges due from Cape Canaveral's Y g P g P Utility Service customers in Cape Canaveral. Said charges will include current as well as past due I, charges, and will be collected on a monthly basis in accordance with policies and procedures adopted 1 by Cocoa in consultation with Cape Canaveral. A set of current policies and procedures to be 4 utilized by Cocoa in the collection of said accounts is attached hereto as Exhibit "B" and made a part hereof by this reference. Cocoa reserves the right to unilaterally amend the policies and x procedures contained in Exhibit "B" however, Cocoa agrees to provide Cape Canaveral a copy of any amendments to such policies and procedures at least thirty (30) days prior to the date of 1 implementation of the same. In the event of any conflict between the policies and procedures p Y p p attached hereto as Exhibit "B "or any amendment thereto and the terms of this Agreement, the terms of this Agreement shall control. All service charges for Cape Canaveral Utility Services shall be 1 separately itemized and included on monthly water bills issued by Cocoa to its customers, or, if said person is not on Cocoa water, by separate monthly billing prepared by Cocoa for said purpose. 1 3. Service fee. i In consideration of the services to be provided and performed by Cocoa, Cape Canaveral agrees to pay to Cocoa an amount per customer account per month as computed as follows: A. For the primary service, a flat fee of $0.85 per month, per account billed. The primary service shall be the service provided by Cape Canaveral with the greatest 1 number of customers; i B. For all other services, a flat fee of $0.35 per month, per additional service billed. i This monthly administrative fee shall be assessed to the customer and will be included in the monthly utility bill. It is hereby agreed and understood that Cocoa retains the right to change the billing rate hereinabove set forth; provided, however, that in no event shall Cape Canaveral be liable I for any increase in said billing rate except upon written notice thereof to be provided at least sixty (60) days prior to the effective date of said increase. 1 1 4. Customer List/Rates/Deposits. i Cape Canaveral shall furnish to Cocoa a list of all customers to be billed by Cocoa together with the billing rate applicable thereto. The initial billing rate is set forth in the schedule of rates I attached hereto as Exhibit "C" and incorporated herein by this reference. In no event shall Cocoa charge or assess any rate, fee, charge or penalty to any customer unless specifically set forth in Exhibit "C" as may be amended, or as may otherwise be provided herein. In consideration of the 1 a requirements of Chapter 180, Florida Statutes, regarding notice of change of utility rates, Cape j 1 Page 2 of 6 1 1 i 1 1 i 1 {{ F Canaveral agrees to provide to Cocoa written notice of any changes in said rates at least sixty (60) days prior to the effective date thereof and will be solely responsible for all costs incurred by the City and attributable to providing notice of the new rate schedule. Cocoa shall remit the proceeds of the collections less the service fee from the monthly service charges and arrears to the City of Cape Canaveral Finance Department at least monthly no later than the 15th day of each month following 1 receipt of same. x I Cocoa shall hold all sanitary sewerage deposits collected by Cocoa or remitted to Cocoa by 1 Cape Canaveral. Cocoa shall refund all deposits as directed by Cape Canaveral or at the conclusion of service provided there are no outstanding charges due. Cocoa shall maintain a strict accounting of all deposits and the amount due each customer. Cocoa shall provide the following reports 1 monthly to Cape Canaveral: i I A. Customers with no credit offenses; I i B. Accounts with no deposits; 1 C. Locations with no active customers; 1 CFN D. Garbage accounts billed; OR BooBook/page: Pag O 5306 / 0 048 i E. Recycling accounts billed; F. Billing registers in CD format; i G. Receivables report; and I 1 1 H. Adjustments report. i plus such additional information requested in writing by Cape Canaveral or its authorized representative i 1 1 In the event of partial payments of bills by customers utilizing both Cocoa water and Cape Canaveral sanitary sewerage, all amounts received shall be applied first to delinquent billings and then to current charges in the following order: Cocoa water and service charges, hydrant service 1 3 charge, and Cape Canaveral sewerage and other Cape Canaveral charges. i 5. Billing Adjustments. 1 1 Normal billing adjustments to customer accounts shall be made by Cocoa without prior 1 approval by Cape Canaveral, in accordance with the "Adjustments - Classification and Use" section 1 set forth in Exhibit "B ". Authorization for new accounts, deletion of existing accounts and adjustments not involving I Page 3 of 6 1 1 1 I I 1 normal billing adjustments set forth in Exhibit "B" shall be made by Cocoa solely upon written 1 notification from Cape Canaveral or its designated representative. 6. Disconnect/Interrupt Service; Indemnification; Collection. 1 Cocoa hereby agrees to disconnect or interrupt water service to property subject of this 1 Agreement for nonpayment of Cape Canaveral sanitary sewerage service charges and to refuse to connect or reconnect such services until said delinquency has been eliminated. The disconnection 1 of water service solely for nonpayment of Cape Canaveral sanitary sewerage service charges shall 1 be made by Cocoa without prior approval by Cape Canaveral. 1 1 In addition to the foregoing, Cocoa may at its discretion employ the services of a third -party 1 collection agency for the collection of any delinquent account. Any costs incurred through the 1 employment of such collection agency shall be borne solely by the delinquent customer, and is to , be collected prior to reconnection of any utility service contemplated hereunder. 1 I 1 In the event any suit or cause of action is brought seeking enjoin Cocoa from discontinuing or interrupting water service, or seeking to recover damages against Cocoa as a result of Cocoa's discontinuance or interruption of water services, where said interruption occurred solely to enforce nonpayment of Cape Canaveral sanitary sewer service charges, Cape Canaveral agrees to indemnify 1 and hold Cocoa harmless for any and all expenses incurred in defending such suit and for any damages that are assessed against Cocoa in any such suit by a court of competent jurisdiction, provided that Cocoa shall promptly notify Cape Canaveral of such action. 7. Term of Agreement. The initial term of this Agreement shall be from the date of execution by both parties through 1 September 30, 2004. This Agreement shall be automatically renewed for successive one (1) year 1 periods commencing on October 1 of the applicable year and terminating on September 30 of the following year unless otherwise terminated by either party. This Agreement may be terminated by 1 either party upon one hundred eighty (180) days notice of the other party. _. 1 1 _, 8. Notice. 1 I All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notice of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: 1 TO Cocoa: City of Cocoa 11111111111111111111 c/o City Managers Office 603 Brevard Avenue 1 CFN 2004165043 OR Book/Page 5306 / 0049 P.O. Box 1750 Cocoa, Florida 32922 1 Page 4 of 6 I o i 4 a . CFN 2004165043 TO Cape Canaveral: City of Cape Canaveral OR B /Page: 5306 / 0050 Bennett Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 I 1 Notice shall be deemed to have been given and received on the date the notice is physically II received if given by hand delivery or first class U.S. mail, postage prepaid, as addressed above. Notice shall be deemed to have been given and received on the date the notice is mailed, if given by certified mail, return receipt requested, postage prepaid, as addressed above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 1 9. Miscellaneous provisions. 1 A. This Interlocal Agreement shall be considered an Interlocal Agreement pursuant to 1 Section 163.01, Florida Statutes. A true and correct copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in Brevard County, A Florida , g l B. This Interlocal Agreement may only be modified, amended or altered if the terms or conditions are contained in a written document executed by each of the parties hereto l with the same formality and of equal dignity herein. All modifications amendments or alterations shall be promptly filed with the Clerk of the Circuit Court in Brevard County, Florida 1 C. If any word, sentence, or paragraph or provision to this Interlocal Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not effect the other parts of the Interlocal Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the I Parties can be accomplished. D. This Interlocal Agreement represents the entire understanding and agreement of the t parties. 1 s 1 E. The effective date of this Interlocal Agreement shall be the date in which the last party hereto executes this Interlocal Agreement. 1 1 F. The laws of the State of Florida shall govern the validity and interpretation of this Interlocal Agreement. Venue shall be in Brevard County, Florida for any action filed in state court and in Orlando, Florida for any action filed in federal court. 1 } G. Both Cocoa and Cape Canaveral have participated in the drafting of all parts of this Interlocal Agreement. As a result, it is the intent of the parties that no portion of this f Page5of 6 1 1 i 1 1 1 , Interlocal Agreement shall be interpreted more harshly against either of the parties A as drafter. H. No delay or failure by either party to exercise any right under this Interlocal Agreement, and no partial or single exercise of that right, shall constitute a waiver l of that or any other right, unless otherwise expressly provided herein. I I. Nothing in this Interlocal Agreement shall be construed to give any rights or benefits to anyone other than Cocoa and Cape Canaveral. J. Nothing contained in this Interlocal Agreement shall be construed as a waiver by Cocoa or Cape Canaveral of sovereign immunity under Section 768.28, Florida Statutes or any other law limiting the liability of either Cocoa or Cape Canaveral. i o 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. 1 4 ATTEST: CITY OF CAPE CANAVERAL i i <— .� .4 f�.l� By: �� f) S Name: Rocky Randels, Mlayor l Date: fl EQ)0 `2- CV 1 1 ATTEST:' CITY OF COCOA, FLORIDA: 4 ' 1 + is _ ,-, .. , . .,__AL..... By: . fit■ J.41 CU--(1.3 ---- r -Jo 4 C lark,'City :C'lerk J J, J. P. t. 1 Mayor c) -/! - .4 ' Date: 1 , a I II IIII II IIII II III II IIIII II II it it III III III II IIII III IIII IIIII III I I I CFN 2004165043 OR Book /Page: 5306 / 0051 i z I 1 I Page 6 of 6 1 1 1 1. EX IBIT .IAN1994 s ` ' :1 i i I NTERLOCAL AGREEMENT N RE - p �J / _ i 4 THIS INTERLOCAL AGREEMENT made and entered into this 24th day " - +� , :_ -• . January , 19 95 , by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Cape Canaveral ") and the CITY OF i COCOA, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Cocoa "), collectively referred to as the "parties ". i I - WITNESSETH: 1 WHEREAS, Cape Canaveral presently owns and operates_a sewage treatment system serving residents of Cape Canaveral and businesses within the Canaveral Port Authority district; and i WHEREAS, Cocoa presently owns and operates a water works supply and transmission system within Brevard County, Florida, for the purpose of furnishing water to its customers; and WHEREAS, Cocoa is authorized by Florida law to operate a water system outside of Cocoa's corporate limits; and I l WHEREAS, Cocoa has the capability and facilities to economically bill and collect 1 1 deposits and service charges from the customers of the Cape Canaveral sanitary sewer system; ... and the Canaveral Port Authority Sani.tary Sewer Systems. - i WHEREAS, Cocoa and Cape Canaveral previously entered into Water Franchise i Agreements, respectively by virtue of Ordinance Number 38 -64 adopted on September 21, 1964, _ and Resolution No. 94 -10 adopted on April 19, 1994, by Cape Canaveral, and Resolution adopted on October 20, 1964, and Ordinance No. 11 -94 adopted on May 10, 1994, by Cocoa; 1 g and I I II 11 111 I I I 11111111 i CFN 2004165043 OR Book/Page: 5306 / 0052 i 690 :ON '/Z/2l.: g ZS :Zt. 0 /0L / £OZLL�91.22" VO3OJ RO ,l1IJ 1 3 WHEREAS, these water franchise agreements granted Cocoa the right, privilege and franchise to operate a water plant and water distribution system in Cape Canaveral, and to furnish water to Cape Canaveral and its inhabitants; and , WHEREAS Section 2 (b), Article VII of the State Constitution, and Chapter 166, Municipalities, Florida Statutes ( "Municipal Home Rule Powers Act ") grants municipalities the 4 governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 78 -153 of the Cape Canaveral Code of Ordinances grants Cape Canaveral the right to discontinue water and sewer services to customers for failure to pay service charges when due and to refuse to connect or reconnect such services until the delinquency is eliminated; and WHEREAS, Cape Canaveral desires to enter into an agreement with Cocoa to provide for the collection of sanitary sewer service charges from its customers located within the City of Cape Canaveral and the Canaveral Port Authority area. WHEREAS, execution of this Agreement will mutually benefit the parties and the residents of Cape Canaveral and the customers of the Canaveral Port Authority. NOW, THEREFORE, in consideration of the premises and the covenants herein contained, it is mutually agreed between the parties as follows: 1. Cocoa hereby agrees to collect all deposits and service charges from customers of Cape Canaveral and the Canaveral Port Authority systems located in central Brevard County, Florida. Said charges will include current as well as past due charges, and will be collected on -2- CFN 2004165043 OR Book/Page. 5306 / 0053 620:ON 1 7Z/L: ZS ZL £0 /OL / cOZLL 9LZ.C: VODO) 0 ,lire i i . i , a monthly basis in accordance with policies and procedures adopted by Cocoa in consultation 1 with Cape Canaveral or its designated representatives. A set of current policies and procedures i i to be utilized by Cocoa in the collection of said accounts is attached hereto as Exhibit "A" and J made apart hereof by this reference. Cocoa agrees to provide to Cape Canaveral, at least thirty l . (30) days prior to the date of implementation of same, a copy of all such policies and procedures and any amendments thereto. In the event of any conflict between the policies and procedures attached hereto as Exhibit "A" or any amendment thereto and the terms of this Agreement, the terms of this Agreement shall control. All charges for sanitary sewer service provided by Cape Canaveral shall be separately itemized and included on monthly water bills issued by Cocoa to i its customers, or, if said person is not being supplied Cocoa water, by separate monthly billing I prepared by Cocoa for said purpose. 1 2. In consideration of the services to be provided and performed by Cocoa, Cape Canaveral agrees to pay to Cocoa an amount per account computed as follows: 1 The monthly administrative cost for billing sewer shall be $.063 per customer. Each additional monthly service shall be $.025 per service per customer. I Additional services shall include, but are not limited to, garbage, recycling, and stormwater; including late penalty fees and reinstatement fees. These rates are for both consumption and flat rate customers. I The monthly administrative fees as stated above shall be assessed to the user and will be included on the monthly utility bill. It is hereby mutually agreed and understood that Cocoa retains the right to change the billing rate hereinabove set forth; provided, however, that in no event will Cape Canaveral be liable for any increase in said billing rate except upon written notice thereof provided at least one hundred eighty (180) days prior to the effective date of said increase. -3- CFN 2004165043 OR Book/Page: 5306 / 0054 620 :0N '72/ g 2S :Et. £oioti o £OZLL£91.Z£ 8 dOJO) JO AID I 1 3. Cape Canaveral shall furnish to Cocoa a list of all customers to be billed by Cocoa together with the billing rate applicable thereto, all as more particularly set forth in the i I schedule of rates attached hereto as Exhibit "B" and incorporated herein by this reference. In no event will Cocoa charge or assess any rate, fee, charge or penalty to any customer unless l specifically set forth in Exhibit "B" attached hereto or any amendment thereto. Cape Canaveral agrees to provide to Cocoa written notice of any changes in said rates at least sixty (30) days prior to the effective date thereof. Cocoa shall remit the proceeds of the collections from the monthly service charges and arrears to the Cape Canaveral Finance Department at least monthly no later than the 15th day of each month following receipt of same. Unless otherwise notified to the contrary, Cocoa 1 shall hold all sewer deposits collected by Cocoa or remitted to Cocoa by Cape Canaveral. Cocoa shall maintain a strict accounting of all deposits and the amount due each customer. On I a monthly basis Cocoa shall provide to Cape Canaveral the following documents and information: 1. Billing Register CFN 2004165043 2 : Revenue Report OR Book/Page 5306 / 0055 plus such additional information requested in writing by Cape Canaveral or its authorized representative. In the event of partial payments of bills by customers utilizing both Cocoa water and Cape Canaveral sanitary sewer facilities, all amounts received shall be applied first to delinquent billings and then to current charges in the following order: hydrant, service charges, water and sewer. -4- i 620 :ON 1 7Z /5 L: g 25 :21, 20/0L / £O2LL19LZ2 0 V0)03 0 ,tlI I i • 4. Normal billing adjustments to customer accounts shall be made by Cocoa without 1 I prior Cape Canaveral approval in accordance with the "Adjustments - Classification and Use" i 1 section sct forth in Exhibit "A ". , 1 Authorization for new accounts, deletion of existing accounts and adjustments not involving normal billing adjustments set forth in Exhibit "A" shall be made by Cocoa solely _ 1 1 upon written notification from Cape Canaveral or its designated representative. 5. Cocoa hereby agrees to disconnect or interrupt water to property subject of this Agreement for non - payment of Cape Canaveral sewerage charges and refuse to connect or reconnect water services until said delinquency has been eliminated. The disconnection of water 1 service solely for non - payment of Cape Canaveral sewerage service charges shall be made by Cocoa without prior Cape Canaveral approval in consideration of Resolution No 91 -17. In the 1 event of any conflict between the "Collections - Collection of Delinquent Bills ", section of Exhibit "A" and Cape Canaveral Resolution No. 91 -17, attached hereto as Exhibit "C ", the 1 1 provisions of Cape Canaveral Resolution No. 91 -17 shall control. In the event any suit or cause of action is brought seeking to enjoin Cocoa from i i discontinuing or interrupting water service, or seeking to recover damages against Cocoa as a i result of Cocoa's discontinuance or interruption of water services, where said interruption 1 occurred solely to enforce payment of Cape Canaveral sanitary sewerage service charges, and 1 Cocoa shall have complied with the terms of this Agreement, Cape Canaveral agrees to I indemnify and hold Cocoa harmless for any and all expenses incurred in defending such suit and I for any damages that are assessed against Cocoa in any such suit by a court of competent 1 1 jurisdiction, provided that Cocoa shall promptly notify Cape Canaveral of such action and shall 1 tender defense of such action to Cape Canaveral. 1 -5 CFN 2004165043 1 OR Book/Page. 5306 / 0056 1 i i i 680 :ON '7Z /9L: li ZS =ZL c0/0LP70 2022229 L a V000) 0 AlIJ . ,. 8 i In no event will Cocoa be responsible for taking any action other than 1 discontinuance of water service in order to enforce payment of Cape Canaveral sanitary 1 sewerage charges. i t 6. The initial term of this Agreement shall be from the date of execution by both 1 parties through September 30, 1995. This Agreement shall be automatically renewed for _ successive one (1) year periods commencing on October 1 of the applicable year and terminating l on September 30 of the following year unless otherwise terminated by either party. This l _ I Agreement may be terminated by either party upon one hundred eighty (180) days notice to the other party. For the purpose of this section, notice shall be given to Cape Canaveral by mailing I 1 written notice to the City of Cape Canaveral, Attention: Finance Director, 105 Polk Avenue, Cape Canaveral, Florida 32920, and notice shall be given to Cocoa by mailing written notice to City of Cocoa, Attention: Utility Accounting Manager, 603 Brevard Avenue, Cocoa, Florida 32922. 1 IN WITNESS WHEREOF, the parties hereto has hereunto set their hands and seals on the day and year first above written. i ( Attest: CITY OF COCOA 110,, • B c lCc)--c›—J2 (4i—:—-j ... Beth A. Dabrowski; CITY CLERK - Michael Hill, • MAYOR DATE � .� r,.0 4.�-4 K / If -- l /� - Attest: CITY OF CAP ANAY 1 : arra B Faith G. Miller, CIT CLERK o hn K Porter, MAYOR DATED: Janu 17, 1995 I I I I I it I it III II I it I II III i II I I I II I I Ill II I I II I I I II I II II II I II CFN 2004165043 OR Book/Page: / 0057 620:0N , 7Z /LL 2C :EL c0 /01,Ii0 £O2L1S9L2 0 V0000 A0 .IIIJ i "EXHIBIT A" 1 l ADJUSTMENT - CLASSIFICATION AND USE i In general, the City does not reduce charges by adjustment unless the City is at fault either through it's equipment or employees/ Following is a description of adjustment made by the City: 1. Billing Correction. This type of adjustment reflects the correction of errors made by the City . employees or the adjustment of charges due to the failure of City equipment. It includes but is not limited to the following: (A) Correction of under /over estimated bills. (B) Correction of under /over meter readings. (C) Adjustments due to failed meters.- (D) Adjustments for duplicate billing or unbilled charges, (E) Adjustments for delayed meter readings. We attempt to read a customer's meter at approximately the same date each month. Delayed readings may adversely affect a customer that normally runs at or below the minimum. (F) Adjustments due to leaks at the meter connection on the customer side of the meter. Normally the dividing line of responsibility is the meter with the customer being responsible for any water registered on the meter whether it is used or lost. Since the City has the right to read and maintain the meter it is possible that such activity could cause a leak on the customer's side at the meter connection. I Repairs of this type are reported by job order by City crews and if possible the j rate of the leak is recorded. Normally, this type of adjustment is limited to the month in which the leak is discovered. The adjustment is based on past actual 1 average consumption. 2. Rubber Check. (When a bad check is returned an adjustment is made to redebit the customer's account in exactly the same manner as it was credited by the bad check. The check I is returned to the customer.) I (A) If the check was in payment of a single months bill and the customer is not delinquent he is advised that should the amount not be paid by the next bill it will I appear as a previous balance on that bill. i (B) If the check was in payment of a delinquent bill, the customer is advised that _ service will be terminated after 10 days if the amount is not paid. If the account is cut off for non - payment a $20.00 service charge will apply, or 5% of the face value of the check, whichever is greater. i (C) If the check was in payment of a deposit, entries are keyed to zero out the deposit amount credited to the customer. The customer is advised that service will be terminated if the amount is not paid as indicated in Item (B). I i I } i 0 6 N 80 4 7?/SL: 2S :el, `:0 /OL /�i INONSIOR L� 0 CFN 2004165043 0058 V0)03 A0 .11l3 OR Boomaage. 5306 1 1 I A 3. True Adjustments. This type of adjustment is used to write off or reduce charges where the City employees or City equipment was not at fault. Examples are o such a (A) When the customer has a leak at point that the lost water is not returned s p to the sewer system to be treated and the loss can be documented by a plumbers statement or visually by the City, an adjustment may be made for the sewer 1 charges resulting from the lost water. No adjustment is made for the lost water. True adjustments will be made on Cocoa services only. 1 (B) Where service is discontinued for non - payment of charges, the service charge I may be adjusted if the customer can demonstrate by his check stub that he made l payment in time to avoid the cutoff but the City failed to receive it. (C) Any City charge that the Customer Service Section is advised to adjust by our - superiors that does not fall into one of the other classifications. 4. Bad Debts. This adjustment is used to write off uncollectible accounts or to redebit accounts j which were previously adjusted off as a bad debt and were subsequently collected. (See Section on Collections - Final Bill Handling.) 5. Payment Adjustments. This adjustment should only be used to balance the accounts receivable payment updates with the bank deposit or a special deposit run with the deposit register. 6. Dummy Adjustments. This is a one -sided entry which is used to put the book in balance. (See section on Financial Control.) 7. Cash Transfer Adjustments. Advance payments and in some instances credit adjustments create overpayments. Cash transfer adjustments are used to move overpayments from one t account to another or from one service to another service within the same account. 1 8. Other Adjustments. This classification is reserved to handle those requests for adjustments , received from other private or governmental units for which we bill their services. Any request received from such units should be classified other. _ 1 COLLECTIONS - Collection of Delinquent Bills 1 Bills are due upon presentation and failure to receive the bill will not avoid discontinuance of service. A bill with a previous balance of $15.00 or more is considered a delinquent bill. The delinquent bill states that service will be discontinued for nonpayment if the previous balance is not paid by the past due date and a reconnect service charge of §.340'.110 is made for restoring service. 1'Ro.aa If the previous balance on a delinquent bill is not paid after five days from the mail date of the delinquent bill a separate final notice is mailed again advising the customer that service will be 4 l A 1 i 1 680.0N 1 7 ZS ZL g/OL /470 CFN2004165043 V0300* 0 AiIJ OR Book/Page: 5306 / 0059 1 discontinued if the previous balance is not paid by the past due date. Notices that are due to be mailed on holidays or weekends will be mailed on the previous work day. 1 When justified the Customer Service representative is authorized to grant one (1) extension per year. All other extensions must carry the written approval of the Customer Service Manager 1 or the Sr. Customer Service representative. All extensions will be in writing. I Where we bill and collect for other private or governmental units those units may grant l extensions involving their services by way of a written request. i i 1 1 1 • I J ! lI ! ! i!llJ ll ll I' hIIihIIi h IIiiIIhihhIIIIIiiIiiiiii 1 1 oR B ok/Page 5306 / 0060 1 1 1 1 1 _. 680 :0N 4 7F/02: g ZS : Z 1. 0/01.1 OZLL , ;. V0003 0 Ali) 1 Ex Hie1r ., _ CFN 2004 ? RESOLUTION NO. 92-18 OR Boo 5306 / 0 A RESOLUTION ESTABLISHING A NeW 5306 V I SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 2 -89 provided for the adjustment of the Sewer Rates by Resolution, based on the Consumer Price Index: and 1 WHEREAS, the Consumer Price Index for the previous year has t changed and increased by 2.8%; NOW, THEREFORE, BE IT RESOLVED by the City Council of the 1 City of_Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Rate Schedule as set out in Resolution No. 91 -20 ie hereby rescinded, and the following_ rate schedule is established: Customer - Classification Monthly Charge Single Family Residential $ 13.92 per unit Multi- Family, Group 1 more than one bedroom par unit) I First unit 13.92 par unit Additional unite 10.20 per unit Multi- Family, Group 2 (one bedroom or% less per unit, including motels, trailer parka and similar uses) First unit 13.92 per unit Additional units 9.56 per unit E Townhouses 13.92 per unit Public Uuildinga 23.20 per unit Commercial Inside City Limits 2751 of water bill Outside City Limits 344t of water bill SECTION 2. This Resolution shall become effective commenc- ing with the June 5, 1992 billing, which covers May services. • ADOPTED BY the City Council of the City of Cape Canaveral, "• Florida, this 21st day of ?lpril , 1992. M •r / ATTEST: MANIMMLW ....-<_,... (rl. e.,KI? 1. ataitAarl ©y ty Clerk ' ■ � © Approved as to Form: �r. : ‘7.4,..,,____ • City Attorney • Resolution No. 92 -18 • Page 1 of 1 680 :ON 4 7F/2:6 - ,1 25:n c0 /O L Pi0 9'0Z a VO)OJ dO AM I J I I I 1111111111111111 11111111111111111111110 EXHIBIT "B" CFN 2004165043 OR Book/Page: 5306 / 0062 Cocoa Collections - Policies and Procedures In general the City does not reduce charges by adjustment unless the City is at fault either through its equipment or employees. Following is a description of adjustments made by the City: j 1. Billing Corrections. This type of adjustment reflects the correction of errors made by the City employees or the adjustment of charges due to the failure of City equipment. It includes but is not limited to the following: 1 (A) Correction of under /over estimated bills. 1 1 (B) Correction of under /over meter readings. 1 (C) Adjustments due to failed meters. (D) Adjustments for duplicate billing or unbilled charges. (E) Adjustments for delayed meter readings. We attempt to read a customer's meter at approximately the same date each month. Delayed readings may adversely affect a customer that normally runs at or below the minimum. If such a customer has 34 or more days in the billing period, the excess consumption over the minimum may be adjusted to the previous month or to the next billing period. (F) Adjustments due to Teaks at the meter connection on the customer side of the meter. Normally the dividing line of responsibility is the meter with the customer being responsible for any water registered on the meter whether it is used or lost. Since the City has the right to read and - maintain the meter it is possible that such activity could cause a lead on the customer's side at the meter connection. Repairs of this type are reported by job order by City crews and if possible the rate of the leak is recorded. Normally, this type of adjustment is limited to the month in which the lead is discovered. The adjustment is based on past actual average consumption. 2. Bad Check. When a bad check is returned an adjustment is made to redebit the customer's account in exactly the same manner as it was credited by the bad check. The check is returned to the customer with a demand for payment including any NSF service charge to be received within ten (10) days from the date of the letter or service I may be discontinued. Exception: if the check was for an amount in excess of $200.00 and was used to reestablish service after a previous "cut -off', service will be discontinued the next day. 1 i 1 111111 11 1111 1 111 111 III 11 11 11 CFN 2004165043 3. True Adjustments. This type of adju OR Book/Page. 5306 / 0063 , charges where the City employees or City equipment was not in fault. Examples are: ) (A) When the customer has a leak at such a point that the lost water is not returned to the sewer system to be treated and the Toss can be documented by a plumber statement or visually by the City, an adjustment may be made for the sewer charges resulting from the lost water. True adjustments will be made on Cocoa services only. j (B) Where service is discontinued for nonpayment of charges the service charge may be adjusted if the customer can demonstrate by his check stub that he made payment in time to avoid the cutoff but the City failed to receive it. (C) Any City charge that the Customer Service Section is advised to adjust j by our superiors that does not fall into one of the other classifications. I 4. Bad Debts. This adjustment is used to write off uncollectible accounts or to redebit accounts which were previously adjusted off as a bad debt and were subsequently collected. (See section on Collections - Final Bill Handling.) 5. Payment Adjustments. This adjustment should only be used to balance the accounts receivable payment updates with the bank deposit or a special deposit run with the deposit register. i 6. Dummy Adjustments. This is a one -sided entry which is used to put the book in balance. (See section on Financial Control.) 1 7. Cash Transfer Adjustments. Advance payments and in some instances credit adjustments create overpayments. Cash transfer adjustments are used to move overpayments from one account to another or from one service to another service within the same account. 8. Other Adjustments. This classification is received to handle those requests for adjustments received from other private or governmental units for which we bill their services. Any request received from such units should be classified other. 9. Collections. Collection of Delinquent Bills. Bills are due twenty (20) days after the billing date. Failure to receive the bill will not avoid the necessity of payment or discontinuance of service for failure to pay. I If the previous balance is $15.00 or more, the bill will be considered delinquent. Delinquent notices will be sent to all customers with outstanding balances not paid 1 within forty (40) days of the date of the original bill. Delinquent notices carry a past due date that is five (5) days from the billing date of the delinquent bill. If the previous 1 balance on a delinquent statement is not paid by the past due date, service will be j discontinued. Once service has been discontinued for non - payment, the full amount ffi I 1 I I i outstanding (current charges plus previous charges plus a late payment charge) must j be paid before service will be restored. A delinquent disconnect charge will be 1 included on the next bill. Certain exceptions to the above rules and payment plans are available on a case -by- case basis. (A) Customers that have paid "on time" (have not had a delinquent bill) for seven of the past months; and (B) Customers that have a total bill of less than 50% of their deposit. (C) Customers in (A) and (B) will not be cut off for nonpayment on that month's delinquent billing. Instead, such customers will be omitted from that month's cut off list. They will appear on the following month's cut off list and they will be turned off at that time if the previous balance is not paid. 1 (D) The special treatment given to customers in (A) and (B) will not operate I consecutively. Customers that have been omitted from the cut off list one month and have still not paid by the next month will be cut off regardless of their previous payment record or of the amount owed in Y relation to the deposit. When justified the Customer Service representative is authorized to grant extensions of up to ten (10) days beyond the past due date. Extension beyond ten (10) days must carry the written approval of the Customer Service Manager or the Sr. Customer Service Representative. All extensions will be in writing. Where we bill and collect for other private or governmental units those units may grant extensions involving their services by way of a written request. 1 i 4 I IIIIIllIllftflWJIIi!II fl /jIflh/J I j/// flhj/flh//fl j//fl/ / (// JJ/ CF OR Book/Page. 5306 / 0064 ) I 1 I i R { 1 i EXHIBIT "C" [Current Rate Schedule to be obtained from the City of Cape Canaveral] - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 \%\\\%%!!! S 2p644 65 5306 1 c oR gooklpage: i 1 i i i I 1 1 i 1 1